S v Sikhakame en Andere (513/94, 724/94, 585/94) [1997] ZASCA 99 (21 November 1997)

S v Sikhakame en Andere (513/94, 724/94, 585/94) [1997] ZASCA 99 (21 November 1997)

The Supreme Court of Appeal found that the trial court correctly admitted the confessions and pointing-out evidence, as the allegations of assault and coercion were not supported by credible evidence. The trial court's findings on voluntariness were based on the testimony of police officers and the absence of physical injuries or complaints at the relevant times. The alibi defences presented by the appellants were thoroughly considered and rejected as false beyond reasonable doubt, given the weight of evidence linking them to the crime scene and stolen property. The court held that there was no basis to interfere with the trial court's credibility findings or its rejection of the...

Citation
[1997] ZASCA 99
Parties
Appellant: Khanyize Jacob Sikhakame; Appellant: Vovo Alfred Khumalo; Appellant: Thandazami Frederick Sikhakame; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
21 November 1997
Case Number
513/94, 724/94, 585/94
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against convictions on two counts of murder dismissed; death sentences set aside; matter remitted for re-sentencing.
Judges
Marais, Olivier, Van Coller
Legal Topics
Admissibility of Confessions, Alibi Defence, Voluntariness of Statements, Death Penalty, Credibility of Witnesses
Criminal Law Admissibility of Confessions Alibi Defence Voluntariness of Statements Death Penalty Credibility of Witnesses

Case Brief

Summary, issues, holding and outcome

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Parties

Khanyize Jacob Sikhakame

Appellant

Vovo Alfred Khumalo

Appellant

Thandazami Frederick Sikhakame

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial court erred in admitting the appellants' confessions and pointing-out evidence as voluntary.
  2. 2 Whether the trial court correctly rejected the appellants' alibi defences.
  3. 3 Whether the death sentences imposed should be set aside in light of constitutional developments.

Ratio Decidendi

The Supreme Court of Appeal found that the trial court correctly admitted the confessions and pointing-out evidence, as the allegations of assault and coercion were not supported by credible evidence. The trial court's findings on voluntariness were based on the testimony of police officers and the absence of physical injuries or complaints at the relevant times. The alibi defences presented by the appellants were thoroughly considered and rejected as false beyond reasonable doubt, given the weight of evidence linking them to the crime scene and stolen property. The court held that there was no basis to interfere with the trial court's credibility findings or its rejection of the...

Court Disposition

Appeal against convictions on two counts of murder dismissed; death sentences set aside; matter remitted for re-sentencing.

Orders

  • The appeals of appellants 1, 2, and 3 against their convictions on counts 2 and 3 of murder are dismissed.
  • The death sentences imposed on appellants 1, 2, and 3 on counts 2 and 3 are set aside.